How Long Do FELA Lawsuits Take to Process?

FELA lawsuits are a common occurrence for more than a hundred years, have kept railroad workers secure in some of the most hazardous places of work. FELA settlements or trial awards may provide the payment of medical expenses, lost wages, pain and suffering.

Unlike workers' compensation cases, FELA allows for recovery of non-economic damages, such as pain and suffering. This is why FELA cases are usually recognized with significant jury verdicts.

How long does a FELA lawsuit take?

There are many factors that affect the length of time it takes to process an FELA claim. The time it takes to settle a case will depend on a variety of factors such as whether the case was filed in federal court or state court, the amount of time that passed between the injury and the filing of the lawsuit and other specifics to the particular case. Your attorney can provide an estimate of how long it will take to complete your particular FELA claim.

The speed at which you gather medical evidence to back your claim for injury could impact the duration of an FELA lawsuit. This is a significant element in your case since it can help you receive the most compensation you can get. In some instances claims, you could be barred if you don't receive medical evidence within a certain time frame.

The last factor that can affect the duration of the FELA case is how quickly you and your employer can come to an equitable settlement. In certain cases both you and your lawyer may be able settle your FELA case without having to go to court. This can be accomplished by using alternative dispute resolution methods such as mediation, negotiated settlements, arbitration or mandatory settlement conferences.

Some employees may be worried that filing a FELA complaint will negatively impact their relationship to their employer. But, it is important to be aware that FELA laws prohibit employers from retaliating against employees who submit an FELA claim. Additionally, FELA claims bypass the limits on benefits set by workers' compensation laws and allow injured railroad workers to recover monetary damages for pain and suffering.

Your attorney must draft a complaint before you can make a FELA suit. The document will outline the claims you have against your employer. After your lawyer files the complaint, the employer will be given the chance to respond and provide any defenses. This can be a long process as your attorneys need to conduct thorough investigations into workplace safety practices and gather proof in support of your claims.

What is the outcome if I don't get a settlement offer?

In FELA cases railroad workers who are injured are entitled to compensation for past, future, and current medical costs, lost wages, the pain and suffering. Since railroad workers generally earn much more than blue-collar workers in other industries so their FELA awards tend to be higher. It is not unusual for FELA cases to settle for large sums of money.

The first step in submitting a FELA lawsuit is to reach out to an experienced attorney. An attorney will analyze the details of your accident and determine whether you have a valid claim to damages. If you have a valid case the lawyer will assist you in completing the required documents and conducting thorough investigations into the accident and employer's response to your claim.

Your lawyer will then file a claim for damages to your company once the investigation is concluded. Your employer may then accept a settlement or go ahead with an investigation. Trials are costly and time consuming, so most fela lawsuit settlements cases are settled before they reach court.

During this period the attorney and you will take medical records, as well as other evidence to highlight the severity of your injuries. Your lawyer will also search for witnesses that can testify on your behalf. Additionally, you could opt to pursue legal funding that can offer you funds according to the estimated settlement.

Contrary to personal loans offered by banks and credit unions, legal pre-settlement funding does not require a lengthy credit check or review of your financial history. A pre-settlement funder will review your application and provide you with a quote highlighting the terms and conditions of the loan. If you accept the quote, it could result in you receiving a large sum of money prior to the closing of the case.

What happens if I don't win my case?

Depending on the severity of your injury is, you may require medical treatment for a while before you are able to settle. While you wait for a resolution, your lawyer will collect evidence, including medical records that show the extent of your injury as well as testimony from witnesses that can confirm your claim. If needed your lawyer can assist you obtain pre-settlement legal funding to pay for ongoing medical treatment and living expenses while you wait for an all-inclusive settlement.

Many FELA cases settle prior to trial, as both sides are often motivated to avoid expensive and risky court actions. However, appeals can cause delays at different points in the case, and often after a verdict is rendered. You can always reach out to an attorney who handles railroad accidents to get more information about these cases.

What happens if my case gets lost?

Railroad workers who are injured typically receive an extensive settlement from their employers, as they are entitled to make claims for medical expenses, lost wages and pain and suffering. Railroad workers also have higher earnings than blue-collar workers and have a much higher cost of living. This means they can be compensated more for economic damages.

However, it's important to recognize that it could take some time to reach a settlement. This is because FELA lawsuits usually involve multiple overlapping steps such as litigation and discovery. Additionally, if one of the parties file an appeal, this can result in long delays in the case.

During this time, attorneys may gather evidence, including medical records and other documents that highlight the severity of the injury. They can also look for witnesses to provide testimony on their behalf. In addition, if the injured worker requires financial help during this process, they may look into financing options like a pre-settlement legal funding loan.

A pre-settlement funder will review the case, as well other aspects, to determine what they could provide. This differs from personal loans which requires a credit check and review of financial background. Contact an FELA claim attorney today to learn more about how to get started.